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98-062CITY OF ANAHEIM RESOLUTION NO. 98R-62 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA (I) AUTHORIZING THE INVITATION OF PROPOSALS FOR THE PURCHASE OF NOT TO EXCEED $65,000,000 AGGREGATE PRINCIPAL AMOUNT OF BONDS BY THE ANAHEIM PUBLIC FINANCING AUTHORITY; ( II ) AUTHORIZING A NOTICE INVITING BIDS RELATING TO THE BONDS AND A NOTICE OF INTENTION TO SELL BONDS; (III ) APPROVING AN INSTALLMENT PURCHASE AGREEMENT, AN INDENTURE OF TRUST AND A CONTINUING DISCLOSURE AGREEMENT; (IV) AUTHORIZING THE DELIVERY OF A PRELIMINARY OFFICIAL STATEMENT AND AN OFFICIAL STATEMENT; AND (V) APPROVING CERTAIN ACTIONS IN CONNECTION THEREWITH WHEREAS, the City of Anaheim (the "City") and the Anaheim Redevelopment Agency have heretofore entered into a Joint Exercise of Powers Agreement establishing the Anaheim Public Financing Authority (the "Authority") for the purpose, among others, of issuing the Authority's bonds to be used to provide financial assistance to the City; and WHEREAS, it has been proposed that the Authority assist the City in the financing of certain distribution facilities (the "Facilities"); and WHEREAS, it has been proposed that the Authority acquire and construct the Facilities and that the City purchase such Facilities from the Authority pursuant to an Installment Purchase Agreement, dated as of April 1, 1998, by and between the City and the Authority (together, the "Installment Purchase Agreement"), the proposed form of which has been presented to this City Council, pursuant to which the City will agree to make certain purchase payments (the "Purchase Payments") in connection therewith; and WHEREAS, the Authority and the City have determined that it would be in the best interests of the Authority, the City and the citizens of the City to authorize, pursuant to the Indenture of Trust, dated as of April 1, 1998, by and between the Authority, the City and Union Bank of California, N.A., as Trustee (the "Trustee") (the "Indenture"), for the purpose of raising funds necessary to provide such financial assistance to the City, the issuance of its revenue bonds (the "Bonds") in the aggregate principal amount of not to exceed $65,000,000 under the provisions of Article 4 (commencing with Section 6584) of Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California (the "Act") and to provide for the use of the proceeds of the Bonds to construct and acquire the Facilities; and WHEREAS, the City also wishes to approve and authorize the execution and delivery of a Continuing Disclosure Agreement dated as of April 1, 1998 (the "Continuing Disclosure Agreement"), by and among the Authority, the City and the Trustee, to provide for disclosure of infotaxation relating to the Electric System and the Bonds; and WHEREAS, the Authority and the City may wish to secure a commitment from a provider of municipal bond insurance to issue a municipal bond insurance policy insuring the Bonds and a Reserve Account Policy (as such term is defined in the Indenture), subject to the terms and conditions set forth therein and in this Resolution (the "Insurance Commitment") and the City